LD 1638
pg. 3
Page 2 of 13 An Act Concerning the Regulation of Certain Information to Protect Privacy ... Page 4 of 13
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LR 2052
Item 1

 
personal information to nonaffiliated 3rd parties, a credit
services organization shall comply with the provisions of the
federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801
et seq. (1999) and the applicable implementing federal Privacy of
Consumer Information regulations, as adopted by the Office of the
Comptroller of the Currency, 12 Code of Federal Regulations, Part
40 (2001); the Board of Governors of the Federal Reserve System, 12
Code of Federal Regulations, Part 216 (2001); the Federal Deposit
Insurance Corporation, 12 Code of Federal Regulations, Part 332
(2001); the Office of Thrift Supervision, 12 Code of Federal
Regulations, Part 573 (2001); the National Credit Union
Administration, 12 Code of Federal Regulations, Part 716 (2001);
the Federal Trade Commission, 16 Code of Federal Regulations, Part
313 (2001); or the Securities and Exchange Commission, 17 Code of
Federal Regulations, Part 248 (2001), if the credit services
organization is a financial institution as defined in those
regulations.__This subsection is not intended to permit the release
of health care information except as permitted by Title 22, section
1711-C or Title 24-A, chapter 24.

 
2.__Opt in; disclosure to nonaffiliated 3rd party.__A credit
services organization required to comply with subsection 1 may
not disclose, directly or through an affiliate, to a
nonaffiliated 3rd party any nonpublic personal information unless
the person to whom the information pertains has affirmatively
consented to the disclosure in writing and has not withdrawn that
consent.__This subsection does not prohibit the disclosure of
nonpublic personal information by a credit services organization
to a nonaffiliated 3rd party to the extent such a disclosure is
permitted by the federal Gramm-Leach-Bliley Act, 15 United States
Code, Section 6802, subsection b, paragraph 2 and subsection e.

 
3. Use of terms.__As used in this section, unless the context
otherwise indicates, the terms "affiliate," "nonaffiliated 3rd
party" and "nonpublic personal information" have the same
meanings as in the federal Gramm-Leach-Bliley Act, 15 United
States Code, Section 6801 et seq. (1999).

 
Sec. A-4. 9-A MRSA §11-122, as enacted by PL 2001, c. 262, Pt. A,
§4, is repealed and the following enacted in its place:

 
§11-122.__Privacy of consumer financial information

 
1.__Compliance with federal law and regulations.__Except as
provided in subsection 2 with respect to disclosure of nonpublic
personal information to nonaffiliated 3rd parties, a merchant who
enters into a rental-purchase agreement with a consumer shall
comply with the provisions of the federal Gramm-Leach-Bliley Act,
15 United States Code, Section 6801 et seq. (1999) and the


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